Sure. Just to be clear, Mr. Rankin, they have been used only in coroners' juries. They were used in the inquest into the deaths of students in Thunder Bay.
As Justice Iacobucci documented in his 2013 report, many indigenous people he spoke to were reluctant to be jurors. This was for a variety of reasons, including bad experiences in the criminal justice system, being excluded on the basis of peremptory challenges, and not feeling comfortable in an adversarial system. He said we should allow people who want to be on the jury and who are otherwise qualified. This is a form of affirmative action that departs from random selection. I think that could work in the criminal law, as long as that person could be screened on issues of impartiality if there was a realistic possibility that they were partial.
It really is a recognition that indigenous communities face a lot of challenges. There may be some people from the community who are willing to do this civic duty. That should be encouraged.
I think about the five visibly indigenous persons who came to Battleford. As you may know, Mr. Rankin, they summoned 750 jurors, and only 179 showed up. I think of those five people who were basically told to go home because of the way they looked. These were people who were otherwise qualified and were prepared to do their civic duty. I have to say that makes me ashamed.